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Enrolled Bill (the bill as presented to the President for signature) H.R. 3
[SEC. 1928. SENSE OF CONGRESS House Bills]
[From the U.S. Government Printing Office via GPO Access]
[Enrolled Bill]
[DOCID: f:h3enr.txt]
H.R.3
One Hundred Ninth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fourth day of January, two thousand and five
An Act
To authorize funds for Federal-aid highways, highway safety programs,
and transit programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users'' or
``SAFETEA-LU''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. General definitions.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorization of Programs
Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Apportionments.
Sec. 1104. Equity bonus program.
Sec. 1105. Revenue aligned budget authority.
Sec. 1106. Future Interstate System routes.
Sec. 1107. Metropolitan planning.
Sec. 1108. Transfer of highway and transit funds.
Sec. 1109. Recreational trails.
Sec. 1110. Temporary traffic control devices.
Sec. 1111. Set-asides for Interstate discretionary projects.
Sec. 1112. Emergency relief.
Sec. 1113. Surface transportation program.
Sec. 1114. Highway bridge program.
Sec. 1115. Highway use tax evasion projects.
Sec. 1116. Appalachian development highway system.
Sec. 1117. Transportation, community, and system preservation program.
Sec. 1118. Territorial highway program.
Sec. 1119. Federal lands highways.
Sec. 1120. Puerto Rico highway program.
Sec. 1121. HOV facilities.
Sec. 1122. Definitions.
Subtitle B--Congestion Relief
Sec. 1201. Real-time system management information program.
Subtitle C--Mobility and Efficiency
Sec. 1301. Projects of national and regional significance.
Sec. 1302. National corridor infrastructure improvement program.
Sec. 1303. Coordinated border infrastructure program.
Sec. 1304. High priority corridors on the National Highway System.
Sec. 1305. Truck parking facilities.
Sec. 1306. Freight intermodal distribution pilot grant program.
Sec. 1307. Deployment of magnetic levitation transportation projects.
Sec. 1308. Delta region transportation development program.
Sec. 1309. Extension of public transit vehicle exemption from axle
weight restrictions.
Sec. 1310. Interstate oasis program.
Subtitle D--Highway Safety
Sec. 1401. Highway safety improvement program.
Sec. 1402. Worker injury prevention and free flow of vehicular traffic.
Sec. 1403. Toll facilities workplace safety study.
Sec. 1404. Safe routes to school program.
Sec. 1405. Roadway safety improvements for older drivers and
pedestrians.
Sec. 1406. Safety incentive grants for use of seat belts.
Sec. 1407. Safety incentives to prevent operation of motor vehicles by
intoxicated persons.
Sec. 1408. Improvement or replacement of highway features on National
Highway System.
Sec. 1409. Work zone safety grants.
Sec. 1410. National Work Zone Safety Information Clearinghouse.
Sec. 1411. Roadway safety.
Sec. 1412. Idling reduction facilities in Interstate rights-of-way.
Subtitle E--Construction and Contract Efficiency
Sec. 1501. Program efficiencies.
Sec. 1502. Highways for LIFE pilot program.
Sec. 1503. Design build.
Subtitle F--Finance
Sec. 1601. Transportation Infrastructure Finance and Innovation Act
amendments.
Sec. 1602. State infrastructure banks.
Sec. 1603. Use of excess funds and funds for inactive projects.
Sec. 1604. Tolling.
Subtitle G--High Priority Projects
Sec. 1701. High Priority Projects program.
Sec. 1702. Project authorizations.
Sec. 1703. Technical amendments to transportation projects.
Subtitle H--Environment
Sec. 1801. Construction of ferry boats and ferry terminal facilities.
Sec. 1802. National Scenic Byways Program.
Sec. 1803. America's Byways Resource Center.
Sec. 1804. National historic covered bridge preservation.
Sec. 1805. Use of debris from demolished bridges and overpasses.
Sec. 1806. Additional authorization of contract authority for States
with Indian reservations.
Sec. 1807. Nonmotorized transportation pilot program.
Sec. 1808. Addition to CMAQ-eligible projects.
Subtitle I--Miscellaneous
Sec. 1901. Inclusion of requirements for signs identifying funding
sources in title 23.
Sec. 1902. Donations and credits.
Sec. 1903. Inclusion of Buy America requirements in title 23.
Sec. 1904. Stewardship and oversight.
Sec. 1905. Transportation development credits.
Sec. 1906. Grant program to prohibit racial profiling.
Sec. 1907. Pavement marking systems demonstration projects.
Sec. 1908. Inclusion of certain route segments on Interstate System and
NHS.
Sec. 1909. Future of surface transportation system.
Sec. 1910. Motorist information concerning full service restaurants.
Sec. 1911. Approval and funding for certain construction projects.
Sec. 1912. Lead agency designation.
Sec. 1913. Bridge construction, North Dakota.
Sec. 1914. Motorcyclist Advisory Council.
Sec. 1915. Loan forgiveness.
Sec. 1916. Treatment of off-ramp.
Sec. 1917. Opening of Interstate ramps.
Sec. 1918. Credit to State of Louisiana for State matching funds.
Sec. 1919. Road user fees.
Sec. 1920. Transportation and local workforce investment.
Sec. 1921. Update of obsolete text.
Sec. 1922. Technical amendments to nondiscrimination section.
Sec. 1923. Transportation assets and needs of Delta region.
Sec. 1924. Alaska Way Viaduct study.
Sec. 1925. Community enhancement study.
Sec. 1926. Budget justification.
Sec. 1927. 14th Amendment Highway and 3rd Infantry Division Highway.
Sec. 1928. Sense of Congress regarding Buy America.
Sec. 1929. Designation of Daniel Patrick Moynihan Interstate Highway.
Sec. 1930. Designation of Thomas P. ``Tip'' O'Neill, Jr. Tunnel.
Sec. 1931. Richard Nixon Parkway, California.
Sec. 1932. Amo Houghton Bypass.
Sec. 1933. Billy Tauzin Energy Corridor.
Sec. 1934. Transportation improvements.
Sec. 1935. Project flexibility.
Sec. 1936. Advances.
Sec. 1937. Roads in closed basins.
Sec. 1938. Technology.
Sec. 1939. BIA Indian Road Program.
Sec. 1940. Going-to-the-Sun Road, Glacier National Park, Montana.
Sec. 1941. Beartooth Highway, Montana.
Sec. 1943. Great Lakes ITS implementation.
Sec. 1944. Transportation construction and remediation, Ottawa County,
Oklahoma.
Sec. 1945. Infrastructure awareness program.
Sec. 1946. Gateway rural improvement pilot program.
Sec. 1947. Eligible safety improvements.
Sec. 1948. Emergency service route.
Sec. 1949. Knik Arm Bridge funding clarification.
Sec. 1950. Lincoln Parish, LA/I-20 Transportation Corridor Program.
Sec. 1951. Bonding assistance program.
Sec. 1952. Congestion relief.
Sec. 1953. Authorization of appropriations.
Sec. 1954. Bicycle transportation and pedestrian walkways.
Sec. 1955. Conveyance to the City of Ely, Nevada.
Sec. 1956. Brownfields grants.
Sec. 1957. Traffic circle construction, Clarendon, Vermont.
Sec. 1958. Limitation on project approval.
Sec. 1959. Cross harbor freight movement project.
Sec. 1960. Denali access system program.
Sec. 1961. I-95/Contee Road interchange study.
Sec. 1962. Multimodal facility improvements.
Sec. 1963. Apollo Theater leases.
Sec. 1964. Project Federal share.
TITLE II--HIGHWAY SAFETY
Sec. 2001. Authorization of appropriations.
Sec. 2002. Highway safety programs.
Sec. 2003. Highway safety research and outreach programs.
Sec. 2004. Occupant protection incentive grants.
Sec. 2005. Grants for primary safety belt use laws.
Sec. 2006. State traffic safety information system improvements.
Sec. 2007. Alcohol-impaired driving countermeasures.
Sec. 2008. NHTSA accountability.
Sec. 2009. High visibility enforcement program.
Sec. 2010. Motorcyclist safety.
Sec. 2011. Child safety and child booster seat incentive grants.
Sec. 2012. Safety data.
Sec. 2013. Drug-impaired driving enforcement.
Sec. 2014. First responder vehicle safety program.
Sec. 2015. Driver performance study.
Sec. 2016. Rural State emergency medical services optimization pilot
program.
Sec. 2017. Older driver safety; law enforcement training.
Sec. 2018. Safe intersections.
Sec. 2019. National Highway Safety Advisory Committee technical
correction.
Sec. 2020. Presidential Commission on Alcohol-Impaired Driving.
Sec. 2021. Sense of the Congress in support of increased public
awareness of blood alcohol concentration levels and dangers of
alcohol-impaired driving.
Sec. 2022. Effective date.
TITLE III--PUBLIC TRANSPORTATION
Sec. 3001. Short title.
Sec. 3002. Amendments to title 49, United States Code; updated
terminology.
Sec. 3003. Policies, findings, and purposes.
Sec. 3004. Definitions.
Sec. 3005. Metropolitan transportation planning.
Sec. 3006. Statewide transportation planning.
Sec. 3007. Planning programs.
Sec. 3008. Private enterprise participation.
Sec. 3009. Urbanized area formula grants.
Sec. 3010. Clean fuels grant program.
Sec. 3011. Capital investment grants.
Sec. 3012. Formula grants for special needs of elderly individuals and
individuals with disabilities.
Sec. 3013. Formula grants for other than urbanized areas.
Sec. 3014. Research, development, demonstration, and deployment
projects.
Sec. 3015. Transit cooperative research program.
Sec. 3016. National research and technology programs.
Sec. 3017. National Transit Institute.
Sec. 3018. Job access and reverse commute formula grants.
Sec. 3019. New Freedom Program.
Sec. 3020. Bus testing facility.
Sec. 3021. Alternative transportation in parks and public lands.
Sec. 3022. Human resources programs.
Sec. 3023. General provisions on assistance.
Sec. 3024. Special provisions for capital projects.
Sec. 3025. Contract requirements.
Sec. 3026. Project management oversight and review.
Sec. 3027. Project review.
Sec. 3028. Investigations of safety hazards and security risks.
Sec. 3029. State safety oversight.
Sec. 3030. Controlled substances and alcohol misuse testing.
Sec. 3031. Employee protective arrangements.
Sec. 3032. Administrative procedures.
Sec. 3033. National transit database.
Sec. 3034. Apportionments of formula grants.
Sec. 3035. Apportionments based on fixed guideway factors.
Sec. 3036. Authorizations.
Sec. 3037. Alternatives analysis program.
Sec. 3038. Apportionments based on growing States formula factors.
Sec. 3039. Over-the-road bus accessibility program.
Sec. 3040. Obligation ceiling.
Sec. 3041. Adjustments for fiscal year 2005.
Sec. 3042. Terrorist attacks and other acts of violence against public
transportation systems.
Sec. 3043. Project authorizations for new fixed guideway capital
projects.
Sec. 3044. Projects for bus and bus-related facilities and clean fuels
grant program.
Sec. 3045. National fuel cell bus technology development program.
Sec. 3046. Allocations for national research and technology programs.
Sec. 3047. Forgiveness of grant agreement.
Sec. 3048. Cooperative procurement.
Sec. 3049. Transportation fringe benefits.
Sec. 3050. Commuter rail.
Sec. 3051. Paratransit service in Illinois.
TITLE IV--MOTOR CARRIER SAFETY
Sec. 4001. Short title.
Subtitle A--Commercial Motor Vehicle Safety
Sec. 4101. Authorization of appropriations.
Sec. 4102. Increased penalties for out-of-service violations and false
records.
Sec. 4103. Penalty for denial of access to records.
Sec. 4104. Revocation of operating authority.
Sec. 4105. State laws relating to vehicle towing.
Sec. 4106. Motor carrier safety grants.
Sec. 4107. High priority activities and new entrants audits.
Sec. 4108. Data quality improvement.
Sec. 4109. Performance and registration information system management.
Sec. 4110. Border enforcement grants.
Sec. 4111. Motor carrier research and technology program.
Sec. 4112. Nebraska custom harvesters length exemption.
Sec. 4113. Pattern of safety violations by motor carrier management.
Sec. 4114. Intrastate operations of interstate motor carriers.
Sec. 4115. Transfer provision.
Sec. 4116. Medical program.
Sec. 4117. Safety performance history screening.
Sec. 4118. Roadability.
Sec. 4119. International cooperation.
Sec. 4120. Financial responsibility for private motor carriers.
Sec. 4121. Deposit of certain civil penalties into Highway Trust Fund.
Sec. 4122. CDL learner's permit program.
Sec. 4123. Commercial driver's license information system modernization.
Sec. 4124. Commercial driver's license improvements.
Sec. 4125. Hobbs Act.
Sec. 4126. Commercial vehicle information systems and networks
deployment.
Sec. 4127. Outreach and education.
Sec. 4128. Safety data improvement program.
Sec. 4129. Operation of commercial motor vehicles by individuals who use
insulin to treat diabetes mellitus.
Sec. 4130. Operators of vehicles transporting agricultural commodities
and farm supplies.
Sec. 4131. Maximum hours of service for operators of ground water well
drilling rigs.
Sec. 4132. Hours of service for operators of utility service vehicles.
Sec. 4133. Hours of service rules for operators providing transportation
to movie production sites.
Sec. 4134. Grant program for commercial motor vehicle operators.
Sec. 4135. CDL task force.
Sec. 4136. Interstate van operations.
Sec. 4137. Decals.
Sec. 4138. High risk carrier compliance reviews.
Sec. 4139. Foreign commercial motor vehicles.
Sec. 4140. School bus driver qualifications and endorsement knowledge
test.
Sec. 4141. Driveaway saddlemount vehicles.
Sec. 4142. Registration of motor carriers and freight forwarders.
Sec. 4143. Authority to stop commercial motor vehicles.
Sec. 4144. Motor Carrier Safety Advisory Committee.
Sec. 4145. Technical corrections.
Sec. 4146. Exemption during harvest periods.
Sec. 4147. Emergency condition requiring immediate response.
Sec. 4148. Substance abuse professionals.
Sec. 4149. Office of intermodalism.
Subtitle B--Household Goods Transportation
Sec. 4201. Short title.
Sec. 4202. Definitions; application of provisions.
Sec. 4203. Payment of rates.
Sec. 4204. Additional registration requirements for motor carriers of
household goods.
Sec. 4205. Household goods carrier operations.
Sec. 4206. Enforcement of regulations related to transportation of
household goods.
Sec. 4207. Liability of carriers under receipts and bills of lading.
Sec. 4208. Arbitration requirements.
Sec. 4209. Civil penalties relating to household goods brokers and
unauthorized transportation.
Sec. 4210. Penalties for holding household goods hostage.
Sec. 4211. Consumer handbook on DOT web site.
Sec. 4212. Release of household goods broker information.
Sec. 4213. Working group for development of practices and procedures to
enhance Federal-State relations.
Sec. 4214. Consumer complaint information.
Sec. 4215. Review of liability of carriers.
Sec. 4216. Application of State consumer protection laws to certain
household goods carriers.
Subtitle C--Unified Carrier Registration Act of 2005
Sec. 4301. Short title.
Sec. 4302. Relationship to other laws.
Sec. 4303. Inclusion of motor private and exempt carriers.
Sec. 4304. Unified Carrier Registration System.
Sec. 4305. Registration of motor carriers by States.
Sec. 4306. Identification of vehicles.
Sec. 4307. Use of UCR Agreement revenues as matching funds.
Sec. 4308. Regulations.
Subtitle D--Miscellaneous Provisions
Sec. 4401. Technical adjustment.
Sec. 4402. Transfer.
Sec. 4403. Extension of assistance.
Sec. 4404. Designations.
Sec. 4405. Limited exception.
Sec. 4406. Airport land amendment.
Sec. 4407. Rights-of-way.
Sec. 4408. Rialto Municipal Airport.
Sec. 4409. Conforming amendments.
Sec. 4410. Ralph M. Bartholomew Veterans' Memorial Bridge.
Sec. 4411. Don Young's Way.
Sec. 4412. Quality bank adjustments.
Sec. 4413. Technical amendment.
Sec. 4414. Airport certification.
TITLE V--RESEARCH
Subtitle A--Funding
Sec. 5101. Authorization of appropriations.
Sec. 5102. Obligation ceiling.
Sec. 5103. Findings.
Subtitle B--Research, Technology, and Education
Sec. 5201. Research, technology, and education.
Sec. 5202. Long-term bridge performance program; innovative bridge
research and deployment program.
Sec. 5203. Technology deployment.
Sec. 5204. Training and education.
Sec. 5205. State planning and research.
Sec. 5206. International highway transportation outreach program.
Sec. 5207. Surface transportation environment and planning cooperative
research program.
Sec. 5208. Transportation research and development strategic planning.
Sec. 5209. National cooperative freight transportation research program.
Sec. 5210. Future strategic highway research program.
Sec. 5211. Multistate corridor operations and management.
Subtitle C--Intelligent Transportation System Research
Sec. 5301. National ITS program plan.
Sec. 5302. Use of funds.
Sec. 5303. Goals and purposes.
Sec. 5304. Infrastructure development.
Sec. 5305. General authorities and requirements.
Sec. 5306. Research and development.
Sec. 5307. National architecture and standards.
Sec. 5308. Road weather research and development program.
Sec. 5309. Centers for surface transportation excellence.
Sec. 5310. Definitions.
Subtitle D--University Transportation Research; Scholarship
Opportunities
Sec. 5401. National university transportation centers.
Sec. 5402. University transportation research.
Subtitle E--Other Programs
Sec. 5501. Transportation safety information management system project.
Sec. 5502. Surface transportation congestion relief solutions research
initiative.
Sec. 5503. Motor carrier efficiency study.
Sec. 5504. Center for Transportation Advancement and Regional
Development.
Sec. 5505. Transportation scholarship opportunities program.
Sec. 5506. Commercial remote sensing products and spatial information
technologies.
Sec. 5507. Rural interstate corridor communications study.
Sec. 5508. Transportation technology innovation and demonstration
program.
Sec. 5509. Repeal.
Sec. 5510. Notice.
Sec. 5511. Motorcycle crash causation study grants.
Sec. 5512. Advanced travel forecasting procedures program.
Sec. 5513. Research grants.
Sec. 5514. Competition for specification of alternative types of culvert
pipes.
Subtitle F--Bureau of Transportation Statistics
Sec. 5601. Bureau of Transportation Statistics.
TITLE VI--TRANSPORTATION PLANNING AND PROJECT DELIVERY
Sec. 6001. Transportation planning.
Sec. 6002. Efficient environmental reviews for project decisionmaking.
Sec. 6003. State assumption of responsibilities for certain programs and
projects.
Sec. 6004. State assumption of responsibility for categorical
exclusions.
Sec. 6005. Surface transportation project delivery pilot program.
Sec. 6006. Environmental restoration and pollution abatement; control of
noxious weeds and aquatic noxious weeds and establishment of
native species.
Sec. 6007. Exemption of Interstate System.
Sec. 6008. Integration of natural resource concerns into transportation
project planning.
Sec. 6009. Parks, recreation areas, wildlife and waterfowl refuges, and
historic sites.
Sec. 6010. Environmental review of activities that support deployment of
intelligent transportation systems.
Sec. 6011. Transportation conformity.
Sec. 6012. Federal Reference Method.
Sec. 6013. Air quality monitoring data influenced by exceptional events.
Sec. 6014. Federal procurement of recycled coolant.
Sec. 6015. Clean school bus program.
Sec. 6016. Special designation.
Sec. 6017. Increased use of recovered mineral component in federally
funded projects involving procurement of cement or concrete.
Sec. 6018. Use of granular mine tailings.
TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION
Sec. 7001. Short title.
Sec. 7002. Amendment of title 49, United States Code.
Subtitle A--General Authorities on Transportation of Hazardous Materials
Sec. 7101. Findings and purpose.
Sec. 7102. Definitions.
Sec. 7103. General regulatory authority.
Sec. 7104. Limitation on issuance of hazmat licenses.
Sec. 7105. Background checks for drivers hauling hazardous materials.
Sec. 7106. Representation and tampering.
Sec. 7107. Technical amendments.
Sec. 7108. Training of certain employees.
Sec. 7109. Registration.
Sec. 7110. Shipping papers and disclosure.
Sec. 7111. Rail tank cars.
Sec. 7112. Unsatisfactory safety ratings.
Sec. 7113. Training curriculum for the public sector.
Sec. 7114. Planning and training grants; Hazardous Materials Emergency
Preparedness Fund.
Sec. 7115. Special permits and exclusions.
Sec. 7116. Uniform forms and procedures.
Sec. 7117. International uniformity of standards and requirements.
Sec. 7118. Administrative authority.
Sec. 7119. Enforcement.
Sec. 7120. Civil penalty.
Sec. 7121. Criminal penalty.
Sec. 7122. Preemption.
Sec. 7123. Judicial review.
Sec. 7124. Relationship to other laws.
Sec. 7125. Authorization of appropriations.
Sec. 7126. References to the Secretary of Transportation.
Sec. 7127. Criminal matters.
Sec. 7128. Additional civil and criminal penalties.
Sec. 7129. Hazardous material transportation plan requirement.
Sec. 7130. Determining amount of undeclared shipments of hazardous
materials entering the United States.
Sec. 7131. Hazardous materials research projects.
Sec. 7132. National first responder transportation incident response
system.
Sec. 7133. Common carrier pipeline system.
Subtitle B--Sanitary Food Transportation
Sec. 7201. Short title.
Sec. 7202. Responsibilities of Secretary of Health and Human Services.
Sec. 7203. Department of Transportation requirements.
Sec. 7204. Effective date.
Subtitle C--Research and Innovative Technology Administration
Sec. 7301. Administrative authority.
TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE
Sec. 8001. Discretionary spending limits for the highway and mass
transit categories.
Sec. 8002. Adjustments to align highway spending with revenues.
Sec. 8003. Level of obligation limitations.
Sec. 8004. Enforcement of guarantee.
Sec. 8005. Transfer of Federal transit administrative expenses.
TITLE IX--RAIL TRANSPORTATION
Sec. 9001. High-speed rail corridor development.
Sec. 9002. Capital grants for rail line relocation projects.
Sec. 9003. Rehabilitation and improvement financing.
Sec. 9004. Report regarding impact on public safety of train travel in
communities without grade separation.
Sec. 9005. Welded rail and tank car safety improvements.
Sec. 9006. Alaska Railroad.
Sec. 9007. Study of rail transportation and regulation.
Sec. 9008. Hawaii port infrastructure expansion program.
TITLE X--MISCELLANEOUS PROVISIONS
Subtitle A--Sportfishing and Recreational Boating Safety
Sec. 10101. Short title.
Chapter 1--Dingell-Johnson Sport Fish Restoration Act amendments
Sec. 10111. Amendment of Dingell-Johnson Sport Fish Restoration Act.
Sec. 10112. Authorization of appropriations.
Sec. 10113. Division of annual appropriations.
Sec. 10114. Maintenance of projects.
Sec. 10115. Boating infrastructure.
Sec. 10116. Requirements and restrictions concerning use of amounts for
expenses for Administration.
Sec. 10117. Payments of funds to and cooperation with Puerto Rico, the
District of Columbia, Guam, American Samoa, the Commonwealth
of the Northern Mariana Islands, and the Virgin Islands.
Sec. 10118. Multistate conservation grant program.
Sec. 10119. Expenditure of remaining balance in Boat Safety Account.
Chapter 2--Clean Vessel Act of 1992 amendments
Sec. 10131. Grant program.
Chapter 3--Recreational boating safety program amendments
Sec. 10141. Technical correction.
Sec. 10142. Availability of allocations.
Sec. 10143. Authorization of appropriations for State recreational
boating safety programs.
Subtitle B--Other Miscellaneous Provisions
Sec. 10201. Notice regarding participation of small business concerns.
Sec. 10202. Emergency medical services.
Sec. 10203. Hubzone program.
Sec. 10204. Catastrophic hurricane evacuation plans.
Sec. 10205. Intermodal transportation facility expansion.
Sec. 10206. Eligibility to participate in western Alaska community
development quota program.
Sec. 10207. Rail rehabilitation and bridge repair.
Sec. 10208. Rented or leased motor vehicles.
Sec. 10209. Midway Island.
Sec. 10210. Demonstration of digital project simulation.
Sec. 10211. Environmental programs.
Sec. 10212. Rescission of unobligated balances.
Sec. 10213. Tribal land.
Subtitle C--Specific Vehicle Safety-related Rulings
Sec. 10301. Vehicle rollover prevention and crash mitigation.
Sec. 10302. Side-impact crash protection rulemaking.
Sec. 10303. Tire research.
Sec. 10304. Vehicle backover avoidance technology study.
Sec. 10305. Nontraffic incident data collection.
Sec. 10306. Study of safety belt use technologies.
Sec. 10307. Amendment of Automobile Information Disclosure Act.
Sec. 10308. Power window switches.
Sec. 10309. 15-Passenger van safety.
Sec. 10310. Authorization of appropriations.
TITLE XI--HIGHWAY REAUTHORIZATION AND EXCISE TAX SIMPLIFICATION
Sec. 11100. Amendment of 1986 Code.
Subtitle A--Trust Fund Reauthorization
Sec. 11101. Extension of highway-related taxes and trust funds.
Sec. 11102. Modification of adjustments of apportionments.
Subtitle B--Excise Tax Reform and Simplification
Part 1--Highway excise taxes
Sec. 11111. Modification of gas guzzler tax.
Sec. 11112. Exclusion for tractors weighing 19,500 pounds or less from
Federal excise tax on heavy trucks and trailers.
Sec. 11113. Volumetric excise tax credit for alternative fuels.
Part 2--Aquatic excise taxes
Sec. 11115. Elimination of Aquatic Resources Trust Fund and
transformation of Sport Fish Restoration Account.
Sec. 11116. Repeal of harbor maintenance tax on exports.
Sec. 11117. Cap on excise tax on certain fishing equipment.
Part 3--Aerial excise taxes
Sec. 11121. Clarification of excise tax exemptions for agricultural
aerial applicators and exemption for Fixed-Wing aircraft
engaged in forestry operations.
Sec. 11122. Modification of rural airport definition.
Sec. 11123. Exemption from taxes on transportation provided by
seaplanes.
Sec. 11124. Certain sightseeing flights exempt from taxes on air
transportation.
Part 4--Taxes relating to alcohol
Sec. 11125. Repeal of special occupational taxes on producers and
marketers of alcoholic beverages.
Sec. 11126. Income tax credit for distilled spirits wholesalers and for
distilled spirits in control State bailment warehouses for
costs of carrying Federal excise taxes on bottled distilled
spirits.
Sec. 11127. Quarterly excise tax filing for small alcohol excise
taxpayers.
Part 5--Sport excise taxes
Sec. 11131. Custom gunsmiths.
Subtitle C--Miscellaneous Provisions
Sec. 11141. Motor Fuel Tax Enforcement Advisory Commission.
Sec. 11142. National Surface Transportation Infrastructure Financing
Commission.
Sec. 11143. Tax-exempt financing of highway projects and rail-truck
transfer facilities.
Sec. 11144. Treasury study of highway fuels used by trucks for non-
transportation purposes.
Sec. 11145. Diesel fuel tax evasion report.
Sec. 11146. Tax treatment of State ownership of railroad real estate
investment trust.
Sec. 11147. Limitation on transfers to the Leaking Underground Storage
Tank Trust Fund.
Subtitle D--Highway-Related Technical Corrections
Sec. 11151. Highway-related technical corrections.
Subtitle E--Preventing Fuel Fraud
Sec. 11161. Treatment of kerosene for use in aviation.
Sec. 11162. Repeal of ultimate vendor refund claims with respect to
farming.
Sec. 11163. Refunds of excise taxes on exempt sales of fuel by credit
card.
Sec. 11164. Reregistration in event of change in ownership.
Sec. 11165. Reconciliation of on-loaded cargo to entered cargo.
Sec. 11166. Treatment of deep-draft vessels.
Sec. 11167. Penalty with respect to certain adulterated fuels.
SEC. 2. GENERAL DEFINITIONS.
In this Act, the following definitions apply:
(1) Department.--The term ``Department'' means the Department
of Transportation.
(2) Secretary.--The term ``Secretary'' means the Secretary of
Transportation.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorization of Programs
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Interstate maintenance program.--For the Interstate
maintenance program under section 119 of title 23, United States
Code--
(A) $4,883,759,623 for fiscal year 2005;
(B) $4,960,788,917 for fiscal year 2006;
(C) $5,039,058,556 for fiscal year 2007;
(D) $5,118,588,513 for fiscal year 2008; and
(E) $5,199,399,081 for fiscal year 2009.
(2) National highway system.--For the National Highway System
under section 103 of such title--
(A) $5,911,200,104 for fiscal year 2005;
(B) $6,005,256,569 for fiscal year 2006;
(C) $6,110,827,556 for fiscal year 2007;
(D) $6,207,937,450 for fiscal year 2008; and
(E) $6,306,611,031 for fiscal year 2009.
(3) Bridge program.--For the bridge program under section 144
of such title--
(A) $4,187,708,821 for fiscal year 2005;
(B) $4,253,530,131 for fiscal year 2006;
(C) $4,320,411,313 for fiscal year 2007;
(D) $4,388,369,431 for fiscal year 2008; and
(E) $4,457,421,829 for fiscal year 2009.
(4) Surface transportation program.--For the surface
transportation program under section 133 of such title--
(A) $6,860,096,662 for fiscal year 2005;
(B) $6,269,833,394 for fiscal year 2006;
(C) $6,370,469,775 for fiscal year 2007;
(D) $6,472,726,628 for fiscal year 2008; and
(E) $6,576,630,046 for fiscal year 2009.
(5) Congestion mitigation and air quality improvement
program.--For the congestion mitigation and air quality improvement
program under section 149 of such title--
(A) $1,667,255,304 for fiscal year 2005;
(B) $1,694,101,866 for fiscal year 2006;
(C) $1,721,380,718 for fiscal year 2007;
(D) $1,749,098,821 for fiscal year 2008; and
(E) $1,777,263,247 for fiscal year 2009.
(6) Highway safety improvement program.--For the highway safety
improvement program under section 148 of such title--
(A) $1,235,810,000 for fiscal year 2006;
(B) $1,255,709,322 for fiscal year 2007;
(C) $1,275,929,067 for fiscal year 2008; and
(D) $1,296,474,396 for fiscal year 2009.
(7) Appalachian development highway system program.--For the
Appalachian development highway system program under subtitle IV of
title 40, United States Code, $470,000,000 for each of fiscal years
2005 through 2009.
(8) Recreational trails program.--For the recreational trails
program under section 206 of title 23, United States Code--
(A) $60,000,000 for fiscal year 2005;
(B) $70,000,000 for fiscal year 2006;
(C) $75,000,000 for fiscal year 2007;
(D) $80,000,000 for fiscal year 2008; and
(E) $85,000,000 for fiscal year 2009.
(9) Federal lands highways program.--
(A) Indian reservation roads.--For Indian reservation roads
under section 204 of such title--
(i) $300,000,000 for fiscal year 2005;
(ii) $330,000,000 for fiscal year 2006;
(iii) $370,000,000 for fiscal year 2007;
(iv) $410,000,000 for fiscal year 2008; and
(v) $450,000,000 for fiscal year 2009.
(B) Park roads and parkways.--
(i) In general.--For park roads and parkways under
section 204 of such title--
(I) $180,000,000 for fiscal year 2005;
(II) $195,000,000 for fiscal year 2006;
(III) $210,000,000 for fiscal year 2007;
(IV) $225,000,000 for fiscal year 2008; and
(V) $240,000,000 for fiscal year 2009.
(ii) Minimum allocation to certain states.--A State
containing more than 50 percent of the total acreage of the
National Park System shall receive not less than 3 percent
of any funds appropriated under this subparagraph.
(C) Refuge roads.--For refuge roads under section 204 of
such title, $29,000,000 for each of fiscal years 2005 through
2009.
(D) Public lands highways.--For Federal lands highways
under section 204 of such title--
(i) $260,000,000 for fiscal year 2005;
(ii) $280,000,000 for fiscal year 2006;
(iii) $280,000,000 for fiscal year 2007;
(iv) $290,000,000 for fiscal year 2008; and
(v) $300,000,000 for fiscal year 2009.
(10) National corridor infrastructure improvement program.--For
the national corridor infrastructure improvement program under
section 1302 of this Act--
(A) $194,800,000 for fiscal year 2005;
(B) $389,600,000 for fiscal year 2006;
(C) $487,000,000 for fiscal year 2007;
(D) $487,000,000 for fiscal year 2008; and
(E) $389,600,000 for fiscal year 2009.
(11) Coordinated border infrastructure program.--For the
coordinated border infrastructure program under section 1303 of
this Act--
(A) $123,000,000 for fiscal year 2005;
(B) $145,000,000 for fiscal year 2006;
(C) $165,000,000 for fiscal year 2007;
(D) $190,000,000 for fiscal year 2008; and
(E) $210,000,000 for fiscal year 2009.
(12) National scenic byways program.--For the national scenic
byways program under section 162 of such title--
(A) $26,500,000 for fiscal year 2005;
(B) $30,000,000 for fiscal year 2006;
(C) $35,000,000 for fiscal year 2007;
(D) $40,000,000 for fiscal year 2008; and
(E) $43,500,000 for fiscal year 2009.
(13) Construction of ferry boats and ferry terminal
facilities.--For construction of ferry boats and ferry terminal
facilities under section 147 of such title--
(A) $38,000,000 for fiscal year 2005;
(B) $55,000,000 for fiscal year 2006;
(C) $60,000,000 for fiscal year 2007;
(D) $65,000,000 for fiscal year 2008; and
(E) $67,000,000 for fiscal year 2009.
(14) Puerto rico highway program.--For the Puerto Rico highway
program under section 165 of such title--
(A) $115,000,000 for fiscal year 2005;
(B) $120,000,000 for fiscal year 2006;
(C) $135,000,000 for fiscal year 2007;
(D) $145,000,000 for fiscal year 2008; and
(E) $150,000,000 for fiscal year 2009.
(15) Projects of national and regional significance program.--
For the projects of national and regional significance program
under section 1301 of this Act--
(A) $177,900,000 for fiscal year 2005;
(B) $355,800,000 for fiscal year 2006;
(C) $444,750,000 for fiscal year 2007;
(D) $444,750,000 for fiscal year 2008; and
(E) $355,800,000 for fiscal year 2009.
(16) High priority projects program.--For the high priority
projects program under section 117 of title 23, United States Code,
$2,966,400,000 for each of fiscal years 2005 through 2009.
(17) Safe routes to school program.--For the safe routes to
school program under section 1404 of this Act--
(A) $54,000,000 for fiscal year 2005;
(B) $100,000,000 for fiscal year 2006;
(C) $125,000,000 for fiscal year 2007;
(D) $150,000,000 for fiscal year 2008; and
(E) $183,000,000 for fiscal year 2009.
(18) Deployment of magnetic levitation transportation
projects.--For the deployment of magnetic levitation projects under
section 1307 of this Act--
(A) $15,000,000 for each of fiscal years 2006 and 2007; and
(B) $30,000,000 for each of fiscal years 2008 and 2009.
(19) National corridor planning and development and coordinated
border infrastructure programs.--For the national corridor planning
and development and coordinated border infrastructure programs
under sections 1118 and 1119 of the Transportation Equity Act for
the 21st Century (112 Stat. 161, 163) $140,000,000 for fiscal year
2005.
(20) Highways for life.--For the Highways for LIFE Program
under section 1502 of this Act--
(A) $15,000,000 for fiscal year 2006; and
(B) $20,000,000 for each of fiscal years 2007 through 2009.
(21) Highway use tax evasion projects.--For highway use tax
evasion projects under section 1115 of this Act--
(A) $5,000,000 for fiscal year 2005;
(B) $44,800,000 for fiscal year 2006;
(C) $53,300,000 for fiscal year 2007; and
(D) $12,000,000 for each of fiscal years 2008 and 2009.
(b) Disadvantaged Business Enterprises.--
(1) Definitions.--In this subsection, the following definitions
apply:
(A) Small business concern.--The term ``small business
concern'' has the meaning that term has under section 3 of the
Small Business Act (15 U.S.C. 632), except that the term shall
not include any concern or group of concerns controlled by the
same socially and economically disadvantaged individual or
individuals which has average annual gross receipts over the
preceding 3 fiscal years in excess of $19,570,000, as adjusted
annually by the Secretary for inflation.
(B) Socially and economically disadvantaged individuals.--
The term ``socially and economically disadvantaged
individuals'' has the meaning that term has under section 8(d)
of the Small Business Act (15 U.S.C. 637(d)) and relevant
subcontracting regulations issued pursuant to that Act, except
that women shall be presumed to be socially and economically
disadvantaged individuals for purposes of this subsection.
(2) General rule.--Except to the extent that the Secretary
determines otherwise, not less than 10 percent of the amounts made
available for any program under titles I, III, and V of this Act
and section 403 of title 23, United States Code, shall be expended
through small business concerns owned and controlled by socially
and economically disadvantaged individuals.
(3) Annual listing of disadvantaged business enterprises.--Each
State shall annually--
(A) survey and compile a list of the small business
concerns referred to in paragraph (1) and the location of the
concerns in the State; and
(B) notify the Secretary, in writing, of the percentage of
the concerns that are controlled by women, by socially and
economically disadvantaged individuals (other than women), and
by individuals who are women and are otherwise socially and
economically disadvantaged individuals.
(4) Uniform certification.--The Secretary shall establish
minimum uniform criteria for State governments to use in certifying
whether a concern qualifies for purposes of this subsection. The
minimum uniform criteria shall include, but not be limited to, on-
site visits, personal interviews, licenses, analysis of stock
ownership, listing of equipment, analysis of bonding capacity,
listing of work completed, resume of principal owners, financial
capacity, and type of work preferred.
(5) Compliance with court orders.--Nothing in this subsection
limits the eligibility of an entity or person to receive funds made
available under titles I, III, and V of this Act and section 403 of
title 23, United States Code, if the entity or person is prevented,
in whole or in part, from complying with paragraph (1) because a
Federal court issues a final order in which the court finds that
the requirement of paragraph (1), or the program established under
paragraph (1), is unconstitutional.
SEC. 1102. OBLIGATION CEILING.
(a) General Limitation.--Subject to subsections (g) and (h), and
notwithstanding any other provision of law, the obligations for
Federal-aid highway and highway safety construction programs shall not
exceed--
(1) $34,422,400,000 for fiscal year 2005;
(2) $36,032,343,903 for fiscal year 2006;
(3) $38,244,210,516 for fiscal year 2007;
(4) $39,585,075,404 for fiscal year 2008; and
(5) $41,199,970,178 for fiscal year 2009.
(b) Exceptions.--The limitations under subsection (a) shall not
apply to obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance Act of
1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (Public
Law 97-134; 95 Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (Public Law 97-424; 96 Stat.
2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(Public Law 100-17; 101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240; 105
Stat. 2027);
(7) section 157 of title 23, United States Code (as in effect
on June 8, 1998);
(8) section 105 of title 23, United States Code (as in effect
for fiscal years 1998 through 2004, but only in an amount equal to
$639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation authority
was made available under the Transportation Equity Act for the 21st
Century (Public Law 105-178; 112 Stat. 107) or subsequent public
laws for multiple years or to remain available until used, but only
to the extent that the obligation authority has not lapsed or been
used;
(10) section 105 of title 23, United States Code (but, for each
of fiscal years 2005 through 2009, only in an amount equal to
$639,000,000 per fiscal year); and
(11) section 1603 of this Act, to the extent that funds
obligated in accordance with that section were not subject to a
limitation on obligations at the time at which the funds were
initially made available for obligation.
(c) Distribution of Obligation Authority.--For each of fiscal years
2005 through 2009, the Secretary--
(1) shall not distribute obligation authority provided by
subsection (a) for the fiscal year for--
(A) amounts authorized for administrative expenses and
programs by section 104(a) of title 23, United States Code;
(B) programs funded from the administrative takedown
authorized by section 104(a)(1) of title 23, United States Code
(as in effect on the date before the date of enactment of this
Act); and
(C) amounts authorized for the highway use tax evasion
program and the Bureau of Transportation Statistics;
(2) shall not distribute an amount of obligation authority
provided by subsection (a) that is equal to the unobligated balance
of amounts made available from the Highway Trust Fund (other than
the Mass Transit Account) for Federal-aid highway and highway
safety programs for previous fiscal years the funds for which are
allocated by the Secretary;
(3) shall determine the ratio that--
(A) the obligation authority provided by subsection (a) for
the fiscal year, less the aggregate of amounts not distributed
under paragraphs (1) and (2); bears to
(B) the total of the sums authorized to be appropriated for
the Federal-aid highway and highway safety construction
programs (other than sums authorized to be appropriated for
provisions of law described in paragraphs (1) through (9) of
subsection (b) and sums authorized to be appropriated for
section 105 of title 23, United States Code, equal to the
amount referred to in subsection (b)(10) for the fiscal year),
less the aggregate of the amounts not distributed under
paragraphs (1) and (2);
(4)(A) shall distribute the obligation authority provided by
subsection (a) less the aggregate amounts not distributed under
paragraphs (1) and (2), for sections 1301, 1302, and 1934 of this
Act, sections 117 but individually for each of project numbered 1
through 3676 listed in the table contained in section 1702 of this
Act and 144(g) of title 23, United States Code, and section 14501
of title 40, United States Code, and, during fiscal year 2005,
amounts for programs, projects, and activities authorized by
section 117 of title I of division H of the Consolidated
Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 3212), so
that the amount of obligation authority available for each of such
sections is equal to the amount determined by multiplying--
(i) the ratio determined under paragraph (3); by
(ii) the sums authorized to be appropriated for that
section for the fiscal year; and
(B) shall distribute $2,000,000,000 for section 105 of title
23, United States Code;
(5) shall distribute among the States the obligation authority
provided by subsection (a), less the aggregate amounts not
distributed under paragraphs (1) and (2), for each of the programs
that are allocated by the Secretary under this Act and title 23,
United States Code (other than to programs to which paragraph (1)
applies), by multiplying--
(A) the ratio determined under paragraph (3); by
(B) the amounts authorized to be appropriated for each such
program for the fiscal year; and
(6) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under paragraphs
(4) and (5), for Federal-aid highway and highway safety
construction programs (other than the amounts apportioned for the
equity bonus program, but only to the extent that the amounts
apportioned for the equity bonus program for the fiscal year are
greater than $2,639,000,000, and the Appalachian development
highway system program) that are apportioned by the Secretary under
this Act and title 23, United States Code, in the ratio that--
(A) amounts authorized to be appropriated for the programs
that are apportioned to each State for the fiscal year; bear to
(B) the total of the amounts authorized to be appropriated
for the programs that are apportioned to all States for the
fiscal year.
(d) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (c), the Secretary shall, after August 1 of each of fiscal
years 2005 through 2009--
(1) revise a distribution of the obligation authority made
available under subsection (c) if an amount distributed cannot be
obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed during
that fiscal year, giving priority to those States having large
unobligated balances of funds apportioned under sections 104 and
144 of title 23, United States Code.
(e) Applicability of Obligation Limitations to Transportation
Research Programs.--
(1) In general.--Except as provided in paragraph (2),
obligation limitations imposed by subsection (a) shall apply to
contract authority for transportation research programs carried out
under--
(A) chapter 5 of title 23, United States Code; and
(B) title V (research title) of this Act.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 3 fiscal years; and
(B) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(f) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation authority under subsection (c) for each
of fiscal years 2005 through 2009, the Secretary shall distribute
to the States any funds that--
(A) are authorized to be appropriated for the fiscal year
for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to the
States, and will not be available for obligation, in the fiscal
year due to the imposition of any obligation limitation for the
fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1) in
the same ratio as the distribution of obligation authority under
subsection (c)(6).
(3) Availability.--Funds distributed under paragraph (1) shall
be available for any purpose described in section 133(b) of title
23, United States Code.
(g) Special Limitation Characteristics.--Obligation authority
distributed for a fiscal year under subsection (c)(4) for the provision
specified in subsection (c)(4) shall--
(1) remain available until used for obligation of funds for
that provision; and
(2) be in addition to the amount of any limitation imposed on
obligations for Federal-aid highway and highway safety construction
programs for future fiscal years.
(h) Adjustment in Obligation Limit.--
(1) In general.--Subject to the last sentence of section
110(a)(2) of title 23, United States Code, a limitation on
obligations imposed by subsection (a) for a fiscal year shall be
adjusted by an amount equal to the amount determined in accordance
with section 251(b)(1)(B) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901(b)(1)(B)) for the fiscal
year.
(2) Distribution.--An adjustment under paragraph (1) shall be
distributed in accordance with this section.
(i) Special Rule for Fiscal Year 2005.--
(1) In general.--Obligation authority distributed under
subsection (c)(4) for fiscal year 2005 for sections 1301, 1302, and
1934 of this Act and sections 117 and 144(g) of title 23, United
States Code, may be used in fiscal year 2005 for purposes of
obligation authority distributed under subsection (c)(6).
(2) Restoration.--Obligation authority used as described in
paragraph (1) shall be restored to the original purpose on the date
on which obligation authority is distributed under this section for
fiscal year 2006.
(j) High Priority Project Flexibility.--
(1) In general.--Subject to paragraph (2), obligation authority
distributed for a fiscal year under subsection (c)(4) for each
project numbered 1 through 3676 listed in the table contained in
section 1702 of this Act may be obligated for any other project in
such section in the same State.
(2) Restoration.--Obligation authority used as described in
paragraph (1) shall be restored to the original purpose on the date
on which obligation authority is distributed under this section for
the next fiscal year following obligation under paragraph (1).
(k) Limitation on Statutory Construction.--Nothing in this section
shall be construed to limit the distribution of obligation authority
under subsection (c)(4)(A) for each of the individual projects numbered
greater than 3676 listed in the table contained in section 1702 of this
Act.
SEC. 1103. APPORTIONMENTS.
(a) Administrative Expenses.--
(1) In general.--Section 104(a) of title 23, United States
Code, is amended to read as follows:
``(a) Administrative Expenses.--
``(1) In general.--There are authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account) to be
made available to the Secretary for administrative expenses of the
Federal Highway Administration--
``(A) $353,024,000 for fiscal year 2005;
``(B) $370,613,540 for fiscal year 2006;
``(C) $389,079,500 for fiscal year 2007;
``(D) $408,465,500 for fiscal year 2008; and
``(E) $423,717,460 for fiscal year 2009.
``(2) Purposes.--The funds authorized by this subsection shall
be used--
``(A) to administer the provisions of law to be financed
from appropriations for the Federal-aid highway program and
programs authorized under chapter 2; and
``(B) to make transfers of such sums as the Secretary
determines to be appropriate to the Appalachian Regional
Commission for administrative activities associated with the
Appalachian development highway system.
``(3) Availability.--The funds made available under paragraph
(1) shall remain available until expended.''.
(2) Conforming amendments.--Section 104 of such title is
amended--
(A) in the matter preceding paragraph (1) of subsection
(b), by striking ``the deduction authorized by subsection (a)
and the set-aside authorized by subsection (f)'' and inserting
``the set-asides authorized by subsections (d) and (f) and
section 130(e)'';
(B) in the first sentence of subsection (e)(1), by striking
``, and also'' and all that follows through ``this section'';
and
(C) in subsection (i), by striking ``deducted'' and
inserting ``made available''.
(b) Alaska Highway.--Section 104(b)(1)(A) of such title is amended
by striking ``$18,800,000 for each of fiscal years 1998 through 2002''
and inserting ``$30,000,000 for each of fiscal years 2005 through
2009''.
(c) National Highway System Component.--Section 104(b)(1)(A) of
such title is amended by striking ``$36,400,000 for each fiscal year''
and inserting ``$40,000,000 for each of fiscal years 2005 and 2006 and
$50,000,000 for each of fiscal years 2007 through 2009''.
(d) CMAQ Apportionment.--Section 104(b)(2) of such title is
amended--
(1) in subparagraph (B)--
(A) by striking clause (i) and inserting the following:
``(i) 1.0 if, at the time of apportionment, the area is
a maintenance area;'';
(B) by striking ``or'' at the end of clause (vi);
(C) by striking the period at the end of clause (vii) and
inserting ``; or''; and
(D) by adding at the end the following:
``(viii) 1.0 if, at the time of apportionment, an area
is designated as nonattainment for ozone under subpart 1 of
part D of title I of such Act (42 U.S.C. 7512 et seq.).'';
and
(2) by striking subparagraph (C) and inserting the following:
``(C) Additional adjustment for carbon monoxide areas.--If,
in addition to being designated as a nonattainment or
maintenance area for ozone as described in section 149(b), any
county within the area was also classified under subpart 3 of
part D of title I of the Clean Air Act (42 U.S.C. 7512 et seq.)
as a nonattainment or maintenance area described in section
149(b) for carbon monoxide, the weighted nonattainment or
maintenance area population of the county, as determined under
clauses (i) through (vi) or clause (viii) of subparagraph (B),
shall be further multiplied by a factor of 1.2.''.
(e) Report.--Section 104(j) of such title is amended by striking
``submit to Congress a report'' and inserting ``submit to Congress a
report, and also make such report available to the public in a user-
friendly format via the Internet,''.
(f) Operation Lifesaver.--Section 104(d) of such title is amended--
(1) by striking paragraph (1) and all that follows through the
period at the end of paragraph (2)(A) and inserting the following:
``(1) Operation lifesaver.--To carry out a public information
and education program to help prevent and reduce motor vehicle
accidents, injuries, and fatalities and to improve driver
performance at railway-highway crossings--
``(A) before making an apportionment under subsection
(b)(3) for fiscal year 2005, the Secretary shall set aside
$560,000 for such fiscal year; and
``(B) there is authorized to be appropriated from the
Highway Trust Fund (other than the Mass Transit Account)
$560,000 for each of fiscal years 2006 through 2009.
``(2) Railway-highway crossing hazard elimination in high speed
rail corridors.--
``(A) Funding.--To carry out the elimination of hazards at
railway-highway crossings--
``(i) before making an apportionment under subsection
(b)(3) for fiscal year 2005, the Secretary shall set aside
$5,250,000 for such fiscal year; and
``(ii) there is authorized to be appropriated from the
Highway Trust Fund (other than the Mass Transit Account)
$7,250,000 for fiscal year 2006, $10,000,000 for fiscal
year 2007, $12,500,000 for fiscal year 2008, and
$15,000,000 for fiscal year 2009.''; and
(2) in paragraph (2)(E)--
(A) by striking ``Not less than $250,000 of such set-
aside'' and inserting ``Of such set-aside, not less than
$250,000 for fiscal year 2005, $1,000,000 for fiscal year 2006,
$1,750,000 for fiscal year 2007, $2,250,000 for fiscal year
2008, and $3,000,000 for fiscal year 2009''; and
(B) by striking ``per fiscal year''.
SEC. 1104. EQUITY BONUS PROGRAM.
(a) In General.--Section 105 of title 23, United States Code, is
amended to read as follows:
``Sec. 105. Equity bonus program
``(a) Program.--
``(1) In general.--Subject to subsections (c) and (d), for each
of fiscal years 2005 through 2009, the Secretary shall allocate
among the States amounts sufficient to ensure that no State
receives a percentage of the total apportionments for the fiscal
year for the programs specified in paragraph (2) that is less than
the percentage calculated under subsection (b).
``(2) Specific programs.--The programs referred to in
subsection (a) are--
``(A) the Interstate maintenance program under section 119;
``(B) the national highway system program under section
103;
``(C) the highway bridge replacement and rehabilitation
program under section 144;
``(D) the surface transportation program under section 133;
``(E) the highway safety improvement program under section
148;
``(F) the congestion mitigation and air quality improvement
program under section 149;
``(G) metropolitan planning programs under section 104(f);
``(H) the high priority projects program under section 117;
``(I) the equity bonus program under this section;
``(J) the Appalachian development highway system program
under subtitle IV of title 40;
``(K) the recreational trails program under section 206;
``(L) the safe routes to school program under section 1404
of the SAFETEA-LU;
``(M) the rail-highway grade crossing program under section
130; and
``(N) the coordinated border infrastructure program under
section 1303 of the SAFETEA-LU.
``(b) State Percentage.--
``(1) In general.--The percentage referred to in subsection (a)
for each State shall be--
``(A) for each of fiscal years 2005 and 2006, 90.5 percent,
for fiscal year 2007, 91.5 percent, and for each of fiscal
years 2008 and 2009, 92 percent, of the quotient obtained by
dividing--
``(i) the estimated tax payments attributable to
highway users in the State paid into the Highway Trust Fund
(other than the Mass Transit Account) in the most recent
fiscal year for which data are available; by
``(ii) the estimated tax payments attributable to
highway users in all States paid into the Highway Trust
Fund (other than the Mass Transit Account) for the fiscal
year; or
``(B) for a State with a total population density of less
than 40 persons per square mile (as reported in the decennial
census conducted by the Federal Government in 2000) and of
which at least 1.25 percent of the total acreage is under
Federal jurisdiction, based on the report of the General
Services Administration entitled `Federal Real Property
Profile' and dated September 30, 2004, a State with a total
population of less than 1,000,000 (as reported in that
decennial census), a State with a median household income of
less than $35,000 (as reported in that decennial census), a
State with a fatality rate during 2002 on Interstate highways
that is greater than one fatality for each 100,000,000 vehicle
miles traveled on Interstate highways, or a State with an
indexed, State motor fuels excise tax rate higher than 150
percent of the Federal motor fuels excise tax rate as of the
date of enactment of the SAFETEA-LU, the greater of--
``(i) the applicable percentage under subparagraph (A);
or
``(ii) the average percentage of the State's share of
total apportionments for the period of fiscal years 1998
through 2003 for the programs specified in paragraph (2).
``(2) Specific programs.--The programs referred to in paragraph
(1)(B)(ii) are (as in effect on the day before the date of
enactment of the SAFETEA-LU)--
``(A) the Interstate maintenance program under section 119;
``(B) the national highway system program under section
103;
``(C) the highway bridge replacement and rehabilitation
program under section 144;
``(D) the surface transportation program under section 133;
``(E) the recreational trails program under section 206;
``(F) the high priority projects program under section 117;
``(G) the minimum guarantee provided under this section;
``(H) revenue aligned budget authority amounts provided
under section 110;
``(I) the congestion mitigation and air quality improvement
program under section 149;
``(J) the Appalachian development highway system program
under subtitle IV of title 40; and
``(K) metropolitan planning programs under section 104(f).
``(c) Special Rules.--
``(1) Minimum combined allocation.--For each fiscal year,
before making the allocations under subsection (a)(1), the
Secretary shall allocate among the States amounts sufficient to
ensure that no State receives a combined total of amounts allocated
under subsection (a)(1), apportionments for the programs specified
in subsection (a)(2), and amounts allocated under this subsection,
that is less than the following percentages of the average for
fiscal years 1998 through 2003 of the annual apportionments for the
State for all programs specified in subsection (b)(2):
``(A) For fiscal year 2005, 117 percent.
``(B) For fiscal year 2006, 118 percent.
``(C) For fiscal year 2007, 119 percent.
``(D) For fiscal year 2008, 120 percent.
``(E) For fiscal year 2009, 121 percent.
``(2) No negative adjustment.--No negative adjustment shall be
made under subsection (a)(1) to the apportionment of any State.
``(d) Treatment of Funds.--
``(1) Programmatic distribution.--The Secretary shall apportion
the amounts made available under this section that exceed
$2,639,000,000 so that the amount apportioned to each State under
this paragraph for each program referred to in subparagraphs (A)
through (F) of subsection (a)(2) is equal to the amount determined
by multiplying the amount to be apportioned under this paragraph by
the ratio that--
``(A) the amount of funds apportioned to each State for
each program referred to in subparagraphs (A) through (F) of
subsection (a)(2) for a fiscal year; bears to
``(B) the total amount of funds apportioned to such State
for all such programs for such fiscal year.
``(2) Remaining distribution.--The Secretary shall administer
the remainder of funds made available under this section to the
States in accordance with section 104(b)(3), except that paragraphs
(1) through (3) of section 133(d) shall not apply to amounts
administered pursuant to this paragraph.
``(e) Metro Planning Set Aside.--Notwithstanding section 104(f), no
set aside provided for under that section shall apply to funds
allocated under this section.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated from the Highway Trust Fund (other than the Mass Transit
Account) such sums as are necessary to carry out this section for each
of fiscal years 2005 through 2009.''.
(b) Clerical Amendment.--The analysis for subchapter I of chapter 1
of such title is amended by striking the item relating to section 105
and inserting the following:
``105. Equity bonus program.''.
SEC. 1105. REVENUE ALIGNED BUDGET AUTHORITY.
(a) Allocation.--Section 110(a)(1) of title 23, United States Code,
is amended--
(1) by striking ``2000'' and inserting ``2007'';
(2) by inserting after ``such fiscal year'' the first place it
appears: ``and the succeeding fiscal year''.
(b) Reduction.--Section 110(a)(2) of such title is amended--
(1) by striking ``2000'' and inserting ``2007'';
(2) by striking ``October 1 of the succeeding'' and inserting
``October 15 of such'';
(3) by inserting after ``Account)'' the following: ``for such
fiscal year and the succeeding fiscal year''; and
(4) by adding at the end the following: ``No reduction under
this paragraph and no reduction under section 1102(h), and no
reduction under title VIII or any amendment made by title VIII, of
the SAFETEA-LU shall be made for a fiscal year if, as of October 1
of such fiscal year the balance in the Highway Trust Fund (other
than the Mass Transit Account) exceeds $6,000,000,000.''.
(c) General Distribution.--Section 110(b)(1)(A) of such title is
amended--
(1) by striking ``minimum guarantee'' and inserting ``equity
bonus''; and
(2) by striking ``Transportation Equity Act for the 21st
Century'' and inserting ``SAFETEA-LU''.
(d) Addition of Highway Safety Improvement Program.--Section 110(c)
of such title is amended by inserting ``the highway safety improvement
program,'' after ``the surface transportation program,''.
(e) Technical Amendment.--Section 110(b)(1)(A) of such title is
amended by striking ``for'' the second place it appears.
(f) Special Rule.--If the amount available pursuant to section 110
of title 23, United States Code, for fiscal year 2007 is greater than
zero, the Secretary shall--
(1) determine the total amount necessary to increase each
State's rate of return (as determined under section 105(b)(1)(A) of
title 23, United States Code) to 92 percent, excluding amounts
provided under this paragraph;
(2) allocate to each State the lesser of--
(A) the amount computed for that State under paragraph (1);
or
(B) an amount determined by multiplying the total amount
calculated under section 110 of title 23, United States Code,
for fiscal year 2007 by the ratio that--
(i) the amount determined for such State under
paragraph (1); bears to
(ii) the total amount computed for all States in
paragraph (1); and
(3) allocate amounts remaining in excess of the amounts
allocated in paragraph (2) to all States in accordance with section
110 of title 23, United States Code.
SEC. 1106. FUTURE INTERSTATE SYSTEM ROUTES.
(a) Extension of Date.--Section 103(c)(4)(B)(ii) of title 23,
United States Code, is amended by striking ``12'' and inserting ``25''.
(b) Removal of Designation.--Section 103(c)(4)(B)(iii) of such
title is amended--
(1) in subclause (I) by striking ``in the agreement between the
Secretary and the State or States''; and
(2) by adding at the end the following:
``(III) Existing agreements.--An agreement
described in clause (ii) that is entered into before
the date of enactment of this subclause shall be deemed
to include the 25-year time limitation described in
that clause, regardless of any earlier construction
completion date in the agreement.''.
SEC. 1107. METROPOLITAN PLANNING.
Section 104(f) of title 23, United States Code, is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Set-aside.--On October 1 of each fiscal year, the
Secretary shall set aside 1.25 percent of the funds authorized to
be appropriated for the Interstate maintenance, national highway
system, surface transportation, congestion mitigation and air
quality improvement, and highway bridge replacement and
rehabilitation programs authorized under this title to carry out
the requirements of section 134.'';
(2) in paragraph (2) by striking ``per centum'' and inserting
``percent'';
(3) in paragraph (3)--
(A) by striking ``The funds'' and inserting the following:
``(A) In general.--The funds''; and
(B) by striking ``These funds'' and all that follows and
inserting the following:
``(B) Unused funds.--Any funds that are not used to carry
out section 134 may be made available by a metropolitan
planning organization to the State to fund activities under
section 135.''; and
(4) in paragraph (4)--
(A) by striking ``The distribution'' and inserting the
following:
``(A) In general.--The distribution''; and
(B) by adding at the end the following:
``(B) Reimbursement.--Not later than 30 days after the date
of receipt by a State of a request for reimbursement of
expenditures made by a metropolitan planning organization for
carrying out section 134, the State shall reimburse, from funds
distributed under this paragraph to the metropolitan planning
organization by the State, the metropolitan planning
organization for those expenditures.''.
SEC. 1108. TRANSFER OF HIGHWAY AND TRANSIT FUNDS.
Section 104(k) of title 23, United States Code, is amended to read
as follows:
``(k) Transfer of Highway and Transit Funds.--
``(1) Transfer of highway funds for transit projects.--
``(A) In general.--Subject to subparagraph (B), funds made
available for transit projects or transportation planning under
this title may be transferred to and administered by the
Secretary in accordance with chapter 53 of title 49.
``(B) Non-federal share.--The provisions of this title
relating to the non-Federal share shall apply to the funds
transferred under subparagraph (A).
``(2) Transfer of transit funds for highway projects.--
``(A) In general.--Subject to subparagraph (B), funds made
available for highway projects or transportation planning under
chapter 53 of title 49 may be transferred to and administered
by the Secretary in accordance with this title.
``(B) Non-federal share.--The provisions of chapter 53 of
title 49 relating to the non-Federal share shall apply to funds
transferred under subparagraph (A).
``(3) Transfer of funds among states or to federal highway
administration.--
``(A) In general.--Subject to subparagraphs (B) and (C),
the Secretary may, at the request of a State, transfer funds
apportioned or allocated under this title to the State to
another State, or to the Federal Highway Administration, for
the purpose of funding one or more projects that are eligible
for assistance with funds so apportioned or allocated.
``(B) Apportionment.--The transfer shall have no effect on
any apportionment of funds to a State under this section or
section 105 or 144.
``(C) Surface transportation program.--Funds that are
apportioned or allocated to a State under subsection (b)(3) and
attributed to an urbanized area of a State with a population of
over 200,000 individuals under section 133(d)(3) may be
transferred under this paragraph only if the metropolitan
planning organization designated for the area concurs, in
writing, with the transfer request.
``(4) Transfer of obligation authority.--Obligation authority
for funds transferred under this subsection shall be transferred in
the same manner and amount as the funds for the projects that are
transferred under this subsection.''.
SEC. 1109. RECREATIONAL TRAILS.
(a) Recreational Trails Program Formula.--Section 104(h) of title
23, United States Code, is amended--
(1) in paragraph (1) by striking the first sentence and
inserting the following: ``Before apportioning sums authorized to
be appropriated to carry out the recreational trails program under
section 206, the Secretary shall deduct for administrative,
research, technical assistance, and training expenses for such
program $840,000 for each of fiscal years 2005 through 2009.''; and
(2) in paragraph (2) by striking ``After'' and all that follows
through ``remainder of the sums'' and inserting ``The Secretary
shall apportion the sums''.
(b) Permissible Uses.--Section 206(d)(2) of such title is amended
to read as follows:
``(2) Permissible uses.--Permissible uses of funds apportioned
to a State for a fiscal year to carry out this section include--
``(A) maintenance and restoration of existing recreational
trails;
``(B) development and rehabilitation of trailside and
trailhead facilities and trail linkages for recreational
trails;
``(C) purchase and lease of recreational trail construction
and maintenance equipment;
``(D) construction of new recreational trails, except that,
in the case of new recreational trails crossing Federal lands,
construction of the trails shall be--
``(i) permissible under other law;
``(ii) necessary and recommended by a statewide
comprehensive outdoor recreation plan that is required by
the Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l-4 et seq.) and that is in effect;
``(iii) approved by the administering agency of the
State designated under subsection (c)(1); and
``(iv) approved by each Federal agency having
jurisdiction over the affected lands under such terms and
conditions as the head of the Federal agency determines to
be appropriate, except that the approval shall be
contingent on compliance by the Federal agency with all
applicable laws, including the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1600 et seq.), and the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.);
``(E) acquisition of easements and fee simple title to
property for recreational trails or recreational trail
corridors;
``(F) assessment of trail conditions for accessibility and
maintenance;
``(G) development and dissemination of publications and
operation of educational programs to promote safety and
environmental protection, (as those objectives relate to one or
more of the use of recreational trails, supporting non-law
enforcement trail safety and trail use monitoring patrol
programs, and providing trail-related training), but in an
amount not to exceed 5 percent of the apportionment made to the
State for the fiscal year; and
``(H) payment of costs to the State incurred in
administering the program, but in an amount not to exceed 7
percent of the apportionment made to the State for the fiscal
year.''.
(c) Use of Apportionments.--Section 206(d)(3) of such title is
amended--
(1) by striking subparagraph (C);
(2) by redesignating subparagraph (D) as subparagraph (C); and
(3) in subparagraph (C) (as so redesignated) by striking
``(2)(F)'' and inserting ``(2)(H)''.
(d) Federal Share.--Section 206(f) of such title is amended--
(1) in paragraph (1)--
(A) by inserting ``and the Federal share of the
administrative costs of a State'' after ``project''; and
(B) by striking ``not exceed 80 percent'' and inserting
``be determined in accordance with section 120(b)'';
(2) in paragraph (2)(A) by striking ``80 percent of'' and
inserting ``the amount determined in accordance with section 120(b)
for'';
(3) in paragraph (2)(B) by inserting ``sponsoring the project''
after ``Federal agency'';
(4) by striking paragraph (5);
(5) by redesignating paragraph (4) as paragraph (5);
(6) in paragraph (5) (as so redesignated) by striking ``80
percent'' and inserting ``the Federal share as determined in
accordance with section 120(b)''; and
(7) by inserting after paragraph (3) the following:
``(4) Use of recreational trails program funds to match other
federal program funds.--Notwithstanding any other provision of law,
funds made available under this section may be used toward the non-
Federal matching share for other Federal program funds that are--
``(A) expended in accordance with the requirements of the
Federal program relating to activities funded and populations
served; and
``(B) expended on a project that is eligible for assistance
under this section.''.
(e) Planning and Environmental Assessment Costs Incurred Prior to
Project Approval.--Section 206(h)(1) of such title is amended by adding
at the end the following:
``(C) Planning and environmental assessment costs incurred
prior to project approval.--The Secretary may allow preapproval
planning and environmental compliance costs to be credited
toward the non-Federal share of the cost of a project described
in subsection (d)(2) (other than subparagraph (H)) in
accordance with subsection (f), limited to costs incurred less
than 18 months prior to project approval.''.
(f) Encouragement of Use of Youth Conservation or Service Corps.--
The Secretary shall encourage the States to enter into contracts and
cooperative agreements with qualified youth conservation or service
corps to perform construction and maintenance of recreational trails
under section 206 of title 23, United States Code.
SEC. 1110. TEMPORARY TRAFFIC CONTROL DEVICES.
(a) Standards.--Section 109(e) of title 23, United States Code, is
amended--
(1) by striking ``(e) No funds'' and inserting the following:
``(e) Installation of Safety Devices.--
``(1) Highway and railroad grade crossings and drawbridges.--No
funds''; and
(2) by adding at the end the following:
``(2) Temporary traffic control devices.--No funds shall be
approved for expenditure on any Federal-aid highway, or highway
affected under chapter 2, unless proper temporary traffic control
devices to improve safety in work zones will be installed and
maintained during construction, utility, and maintenance operations
on that portion of the highway with respect to which such
expenditures are to be made. Installation and maintenance of the
devices shall be in accordance with the Manual on Uniform Traffic
Control Devices.''.
(b) Letting of Contracts.--Section 112 of such title is amended--
(1) by striking subsection (f);
(2) by redesignating subsection (g) as subsection (f); and
(3) by adding at the end the following:
``(g) Temporary Traffic Control Devices.--
``(1) Issuance of regulations.--The Secretary, after
consultation with appropriate Federal and State officials, shall
issue regulations establishing the conditions for the appropriate
use of, and expenditure of funds for, uniformed law enforcement
officers, positive protective measures between workers and
motorized traffic, and installation and maintenance of temporary
traffic control devices during construction, utility, and
maintenance operations.
``(2) Effects of regulations.--Based on regulations issued
under paragraph (1), a State shall--
``(A) develop separate pay items for the use of uniformed
law enforcement officers, positive protective measures between
workers and motorized traffic, and installation and maintenance
of temporary traffic control devices during construction,
utility, and maintenance operations; and
``(B) incorporate such pay items into contract provisions
to be included in each contract entered into by the State with
respect to a highway project to ensure compliance with section
109(e)(2).
``(3) Limitation.--Nothing in the regulations shall prohibit a
State from implementing standards that are more stringent than
those required under the regulations.
``(4) Positive protective measures defined.--In this
subsection, the term `positive protective measures' means temporary
traffic barriers, crash cushions, and other strategies to avoid
traffic accidents in work zones, including full road closures.''.
(c) Clarification of Date.--Section 109(g) of such title is amended
in the first sentence by striking ``The Secretary'' and all that
follows through ``of 1970'' and inserting ``Not later than January 30,
1971, the Secretary shall issue''.
SEC. 1111. SET-ASIDES FOR INTERSTATE DISCRETIONARY PROJECTS.
(a) In General.--Section 118(c)(1) of title 23, United States Code,
is amended by striking ``$50,000,000'' and all that follows through
``2003'' and inserting ``$100,000,000 for each of fiscal years 2005
through 2009''.
(b) Technical Amendments.--
(1) Section 116.--Section 116(b) of such title is amended by
striking ``highway department'' and inserting ``transportation
department''.
(2) Section 120.--Section 120(e) of such title is amended in
the first sentence by striking ``such system'' and inserting ``such
highway''.
(3) Section 127.--Section 127(a) of such title is amended by
striking ``118(b)(1)'' and inserting ``118(b)(2)''.
(4) Bicycle and pedestrian safety grants.--Section 1212(i) of
the Transportation Equity Act for the 21st Century (112 Stat. 196-
197) is amended by redesignating subparagraphs (D) and (E) as
paragraphs (2) and (3), respectively, and moving such paragraphs 2
ems to the left.
SEC. 1112. EMERGENCY RELIEF.
There are authorized to be appropriated for each fiscal year such
sums as may be necessary for allocations by the Secretary described in
subsections (a) and (b) of section 125 of title 23, United States Code,
if the total of those allocations in such fiscal year are in excess of
$100,000,000.
SEC. 1113. SURFACE TRANSPORTATION PROGRAM.
(a) Program Eligibility.--Section 133(b) of title 23, United States
Code, is amended--
(1) in paragraph (6) by inserting ``, including advanced truck
stop electrification systems'' before the period at the end; and
(2) by inserting after paragraph (11) the following:
``(12) Projects relating to intersections that--
``(A) have disproportionately high accident rates;
``(B) have high levels of congestion, as evidenced by--
``(i) interrupted traffic flow at the intersection; and
``(ii) a level of service rating that is not better
than `F' during peak travel hours, calculated in accordance
with the Highway Capacity Manual issued by the
Transportation Research Board; and
``(C) are located on a Federal-aid highway.''.
(b) Repeal of Safety Programs Set-aside.--
(1) Repeal.--Section 133(d)(1) of such title is repealed.
(2) Technical amendments.--Section 133(d) of such title is
amended--
(A) in the first sentence of paragraph (3)(A)--
(i) by striking ``subparagraphs (C) and (D)'' and
inserting ``subparagraph (C)''; and
(ii) by striking ``80 percent'' and inserting ``90
percent'';
(B) in paragraph (3)(B) by striking ``tobe'' and inserting
``to be''; and
(C) in paragraph (3)--
(i) by striking subparagraph (C);
(ii) by redesignating subparagraphs (D) and (E) as
subparagraphs (C) and (D), respectively; and
(iii) in subparagraph (C) (as redesignated by clause
(ii)) by adding a period at the end.
(3) Effective date.--Paragraph (1) and paragraph (2)(A)(ii) of
this subsection shall take effect October 1, 2005.
(c) Transportation Enhancement Activities.--Effective October 1,
2005, section 133(d)(2) of such title is amended by striking ``10
percent'' and all that follows through ``section 104(b)(3) for a fiscal
year'' and inserting the following: ``In a fiscal year, the greater of
10 percent of the funds apportioned to a State under section 104(b)(3)
for such fiscal year, or the amount set aside under this paragraph with
respect to the State for fiscal year 2005,''.
(d) Obligation Authority.--Section 133(f)(1) of such title is
amended--
(1) by striking ``1998 through 2000'' and inserting ``2004
through 2006''; and
(2) by striking ``2001 through 2003'' and inserting ``2007
through 2009''.
(e) Technical Correction.--Effective June 9, 1998, section 1108(e)
of the Transportation Equity Act for the 21st Century (112 Stat. 140)
is amended by striking ``Section 133'' and inserting ``Section
133(f)''.
SEC. 1114. HIGHWAY BRIDGE PROGRAM.
(a) Finding and Declaration.--Section 144(a) of title 23, United
States Code, is amended to read as follows:
``(a) Finding and Declaration.--Congress finds and declares that it
is in the vital interest of the United States that a highway bridge
program be carried out to enable States to improve the condition of
their highway bridges over waterways, other topographical barriers,
other highways, and railroads through replacement and rehabilitation of
bridges that the States and the Secretary determine are structurally
deficient or functionally obsolete and through systematic preventive
maintenance of bridges.''.
(b) Participation.--Section 144(d) of such title is amended to read
as follows:
``(d) Participation.--
``(1) Bridge replacement and rehabilitation.--On application by
a State or States to the Secretary for assistance for a highway
bridge that has been determined to be eligible for replacement or
rehabilitation under subsection (b) or (c), the Secretary may
approve Federal participation in--
``(A) replacing the bridge with a comparable facility; or
``(B) rehabilitating the bridge.
``(2) Types of assistance.--On application by a State or States
to the Secretary, the Secretary may approve Federal assistance for
any of the following activities for a highway bridge that has been
determined to be eligible for replacement or rehabilitation under
subsection (b) or (c):
``(A) Painting.
``(B) Seismic retrofit.
``(C) Systematic preventive maintenance.
``(D) Installation of scour countermeasures.
``(E) Application of calcium magnesium acetate, sodium
acetate/formate, or other environmentally acceptable, minimally
corrosive anti-icing and de-icing compositions.
``(3) Basis for determination.--The Secretary shall determine
the eligibility of highway bridges for replacement or
rehabilitation for each State based on structurally deficient and
functionally obsolete highway bridges in the State.
``(4) Special rule for preventive maintenance.--Notwithstanding
any other provision of this subsection, a State may carry out a
project under paragraph (2)(B), (2)(C), or (2)(D) for a highway
bridge without regard to whether the bridge is eligible for
replacement or rehabilitation under this section.''.
(c) Apportionment of Funds.--Section 144(e) of such title is
amended--
(1) in the third sentence by striking ``square footage'' and
inserting ``deck area'';
(2) in the fourth sentence by striking ``the total cost of
deficient bridges in a State and in all States shall be reduced by
the total cost of any highway bridges constructed under subsection
(m) in such State, relating to replacement of destroyed bridges and
ferryboat services, and,''; and
(3) in the seventh sentence by striking ``for the same period
as funds apportioned for projects on the Federal-aid primary system
under this title'' and inserting ``for the period specified in
section 118(b)(2)''.
(d) Off-System Bridges.--Section 144(g)(3) of such title is amended
to read as follows:
``(3) Off-system bridges.--
``(A) In general.--Not less than 15 percent of the amount
apportioned to each State in each of fiscal years 2005 through
2009 shall be expended for projects to replace, rehabilitate,
paint, perform systematic preventive maintenance or seismic
retrofit of, or apply calcium magnesium acetate, sodium
acetate/formate, or other environmentally acceptable, minimally
corrosive anti-icing and de-icing compositions to, or install
scour countermeasures to, highway bridges located on public
roads, other than those on a Federal-aid highway, or to
complete the Warwick Intermodal Station (including the
construction of a people mover between the Station and the T.F.
Green Airport).
``(B) Reduction of expenditures.--The Secretary, after
consultation with State and local officials, may reduce the
requirement for expenditure for bridges not on a Federal-aid
highway under subparagraph (A) with respect to the State if the
Secretary determines that the State has inadequate needs to
justify the expenditure.''.
(e) Bridge Set-aside.--
(1) Fiscal year 2005.--Section 144(g)(1)(C) of such title is
amended--
(A) in the subsection heading by striking ``2003'' and
inserting ``2005''; and
(B) in the first sentence by striking ``2003'' and
inserting ``2005''.
(2) Fiscal years 2006 through 2009.--Effective October 1, 2005,
section 144(g) of such title (as amended by subsection (d) of this
section) is amended--
(A) by striking the subsection designation and all that
follows through the period at the end of paragraph (2) and
inserting the following:
``(g) Bridge Set-asides.--
``(1) Designated projects.--
``(A) In general.--Of the amounts authorized to be
appropriated to carry out the bridge program under this section
for each of the fiscal years 2006 through 2009, all but
$100,000,000 shall be apportioned as provided in subsection
(e). Such $100,000,000 shall be available as follows:
``(i) $12,500,000 per fiscal year for the Golden Gate
Bridge.
``(ii) $18,750,000 per fiscal year for the construction
of a bridge joining the Island of Gravina to the community
of Ketchikan in Alaska.
``(iii) $12,500,000 per fiscal year to the State of
Nevada for construction of a replacement of the federally
owned bridge over the Hoover Dam in the Lake Mead National
Recreation Area.
``(iv) $12,500,000 per fiscal year to the State of
Missouri for construction of a structure over the
Mississippi River to connect the City of St. Louis,
Missouri, to the State of Illinois.
``(v) $12,500,000 per fiscal year for replacement and
reconstruction of State maintained bridges in the State of
Oklahoma.
``(vi) $4,500,000 per fiscal year for replacement of
the Missisquoi Bay Bridge, Vermont.
``(vii) $8,000,000 per fiscal year for replacement and
reconstruction of State-maintained bridges in the State of
Vermont.
``(viii) $8,750,000 per fiscal year for design,
planning, and right-of-way acquisition for the Interstate
Route 74 bridge from Bettendorf, Iowa, to Moline, Illinois.
``(ix) $10,000,000 per fiscal year for replacement and
reconstruction of State-maintained bridges in the State of
Oregon.
``(B) Gravina access scoring.--The project described in
subparagraph (A)(ii) shall not be counted for purposes of the
reduction set forth in the fourth sentence of subsection (e).
``(C) Period of availability.--Amounts made available to a
State under this paragraph shall remain available until
expended.'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph (2).
(f) Continuation of Report; Federal Share.--Section 144 of such
title is amended by adding at the end the following:
``(r) Annual Materials Report on New Bridge Construction and Bridge
Rehabilitation.--Not later than 1 year after the date of enactment of
this subsection, and annually thereafter, the Secretary shall publish
in the Federal Register a report describing construction materials used
in new Federal-aid bridge construction and bridge rehabilitation
projects.
``(s) Federal Share.--
``(1) In general.--Except as provided under paragraph (2), the
Federal share of the cost of a project payable from funds made
available to carry out this section shall be determined under
section 120(b).
``(2) Interstate system.--The Federal share of the cost of a
project on the Interstate System payable from funds made available
to carry out this section shall be determined under section
120(a).''.
(g) Technical Amendment.--Section 144(i) of such title is amended
by striking ``at the same time'' and all that follows through
``Congress''.
SEC. 1115. HIGHWAY USE TAX EVASION PROJECTS.
(a) Eligible Activities.--
(1) Intergovernmental enforcement efforts.--Section 143(b)(2)
of title 23, United States Code, is amended by inserting before the
period the following: ``; except that of funds so made available
for each of fiscal years 2005 through 2009, $2,000,000 shall be
available only to carry out intergovernmental enforcement efforts,
including research and training''.
(2) Conditions on funds allocated to internal revenue
service.--Section 143(b)(3) of such title is amended by striking
``The'' and inserting ``Except as otherwise provided in this
section, the''.
(3) Limitation on use of funds.--Section 143(b)(4) of such
title is amended--
(A) by striking ``and'' at the end of subparagraph (F);
(B) by striking the period at the end of subparagraph (G)
and inserting a semicolon; and
(C) by adding at the end the following:
``(H) to support efforts between States and Indian tribes
to address issues relating to State motor fuel taxes; and
``(I) to analyze and implement programs to reduce tax
evasion associated with foreign imported fuel.''.
(4) Reports.--Section 143(b) of such title is amended by adding
at the end the following:
``(9) Reports.--The Commissioner of the Internal Revenue
Service and each State shall submit to the Secretary an annual
report that describes the projects, examinations, and criminal
investigations funded by and carried out under this section. Such
report shall specify the estimated annual yield from such projects,
examinations, and criminal investigations.''.
(b) Excise Fuel Reporting System.--Section 143(c) of such title is
amended to read as follows:
``(c) Excise Tax Fuel Reporting.--
``(1) In general.--Not later than 90 days after the date of
enactment of the SAFETEA-LU, the Secretary shall enter into a
memorandum of understanding with the Commissioner of the Internal
Revenue Service for the purposes of--
``(A) the additional development of capabilities needed to
support new reporting requirements and databases established
under such Act and the American Jobs Creation Act of 2004
(Public Law 108-357), and such other reporting requirements and
database development as may be determined by the Secretary, in
consultation with the Commissioner of the Internal Revenue
Service, to be useful in the enforcement of fuel excise taxes,
including provisions recommended by the Fuel Tax Enforcement
Advisory Committee,
``(B) the completion of requirements needed for the
electronic reporting of fuel transactions from carriers and
terminal operators,
``(C) the operation and maintenance of an excise summary
terminal activity reporting system and other systems used to
provide strategic analyses of domestic and foreign motor fuel
distribution trends and patterns,
``(D) the collection, analysis, and sharing of information
on fuel distribution and compliance or noncompliance with fuel
taxes, and
``(E) the development, completion, operation, and
maintenance of an electronic claims filing system and database
and an electronic database of heavy vehicle highway use
payments.
``(2) Elements of memorandum of understanding.--The memorandum
of understanding shall provide that--
``(A) the Internal Revenue Service shall develop and
maintain any system under paragraph (1) through contracts,
``(B) any system under paragraph (1) shall be under the
control of the Internal Revenue Service, and
``(C) any system under paragraph (1) shall be made
available for use by appropriate State and Federal revenue,
tax, and law enforcement authorities, subject to section 6103
of the Internal Revenue Code of 1986.
``(3) Funding.--Of the amounts made available to carry out this
section for each of fiscal years 2005 through 2009, the Secretary
shall make available to the Internal Revenue Service such funds as
may be necessary to complete, operate, and maintain the systems
under paragraph (1) in accordance with this subsection.
``(4) Reports.--Not later than September 30 of each year, the
Commissioner of the Internal Revenue Service shall provide reports
to the Secretary on the status of the Internal Revenue Service
projects funded under this subsection.''.
(c) Allocations.--Of the amounts authorized to be appropriated
under section 1101(a)(21) of this Act for highway use tax evasion
projects for each of the fiscal years 2005 through 2009, the following
amounts shall be allocated to the Internal Revenue Service to carry out
section 143 of title 23, United States Code:
(1) $5,000,000 for fiscal year 2005.
(2) $44,800,000 for fiscal year 2006.
(3) $53,300,000 for fiscal year 2007.
(4) $12,000,000 for each of fiscal years 2008 and 2009.
SEC. 1116. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.
(a) Apportionment.--The Secretary shall apportion funds made
available by section 1101(a)(7) of this Act for fiscal years 2005
through 2009 among the States based on the latest available cost to
complete estimate for the Appalachian development highway system under
section 14501 of title 40, United States Code.
(b) Applicability of Title 23.--Funds made available by section
1101(a)(7) of this Act for the Appalachian development highway system
shall be available for obligation in the same manner as if such funds
were apportioned under chapter 1 of title 23, United States Code;
except that the Federal share of the cost of any project under this
section shall be determined in accordance with section 14501 of title
40, United States Code, and such funds shall be available to construct
highways and access roads under such section and shall remain available
until expended.
(c) Use of Toll Credits.--Section 120(j)(1) of title 23, United
States Code, is amended by inserting ``and the Appalachian development
highway system program under section 14501 of title 40'' after
``section 125''.
SEC. 1117. TRANSPORTATION, COMMUNITY, AND SYSTEM PRESERVATION PROGRAM.
(a) Establishment.--In cooperation with appropriate State, tribal,
regional, and local governments, the Secretary shall establish a
comprehensive program to address the relationships among
transportation, community, and system preservation plans and practices
and identify private sector-based initiatives to improve such
relationships.
(b) Purpose.--Through the program under this section, the Secretary
shall facilitate the planning, development, and implementation of
strategies to integrate transportation, community, and system
preservation plans and practices that address one or more of the
following:
(1) Improve the efficiency of the transportation system of the
United States.
(2) Reduce the impacts of transportation on the environment.
(3) Reduce the need for costly future investments in public
infrastructure.
(4) Provide efficient access to jobs, services, and centers of
trade.
(5) Examine community development patterns and identify
strategies to encourage private sector development that achieves
the purposes identified in paragraphs (1) through (4).
(c) General Authority.--The Secretary shall allocate funds made
available to carry out this section to States, metropolitan planning
organizations, local governments, and tribal governments to carry out
eligible projects to integrate transportation, community, and system
preservation plans and practices.
(d) Eligibility.--A project described in subsection (c) is an
eligible project under this section if the project--
(1) is eligible for assistance under title 23 or chapter 53 of
title 49, United States Code; or
(2) is to conduct any other activity relating to
transportation, community, and system preservation that the
Secretary determines to be appropriate, including corridor
preservation activities that are necessary to implement one or more
of the following:
(A) Transit-oriented development plans.
(B) Traffic calming measures.
(C) Other coordinated transportation, community, and system
preservation practices.
(e) Criteria.--In allocating funds made available to carry out this
section, the Secretary shall give priority consideration to applicants
that--
(1) have instituted preservation or development plans and
programs that--
(A) are coordinated with State and local preservation or
development plans, including transit-oriented development
plans;
(B) promote cost-effective and strategic investments in
transportation infrastructure that minimize adverse impacts on
the environment; or
(C) promote innovative private sector strategies;
(2) have instituted other policies to integrate transportation,
community, and system preservation practices, such as--
(A) spending policies that direct funds to high-growth
areas;
(B) urban growth boundaries to guide metropolitan
expansion;
(C) ``green corridors'' programs that provide access to
major highway corridors for areas targeted for efficient and
compact development; or
(D) other similar programs or policies as determined by the
Secretary;
(3) have preservation or development policies that include a
mechanism for reducing potential impacts of transportation
activities on the environment;
(4) demonstrate a commitment to public and private involvement,
including the involvement of nontraditional partners in the project
team; and
(5) examine ways to encourage private sector investments that
address the purposes of this section.
(f) Equitable Distribution.--In allocating funds to carry out this
section, the Secretary shall ensure the equitable distribution of funds
to a diversity of populations and geographic regions.
(g) Funding.--
(1) In general.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account) to
carry out this section $25,000,000 for fiscal year 2005 and
$61,250,000 for each of fiscal years 2006 through 2009.
(2) Contract authority.--Funds made available to carry out this
section shall be available for obligation in the same manner as if
the funds were apportioned under chapter 1 of title 23, United
States Code; except that such funds shall not be transferable, and
the Federal share for projects and activities carried out with such
funds shall be determined in accordance with section 120(b) of
title 23, United States Code.
(h) Conforming Amendment.--Section 1221 of the Transportation
Equity Act for the 21st Century (23 U.S.C. 101 note; 112 Stat. 221) is
repealed.
SEC. 1118. TERRITORIAL HIGHWAY PROGRAM.
(a) In General.--Chapter 2 of title 23, United States Code, is
amended by striking section 215 and inserting the following:
``Sec. 215. Territorial highway program
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Program.--The term `program' means the territorial
highway program established under subsection (b).
``(2) Territory.--The term `territory' means any of the
following territories of the United States:
``(A) American Samoa.
``(B) The Commonwealth of the Northern Mariana Islands.
``(C) Guam.
``(D) The United States Virgin Islands.
``(b) Program.--
``(1) In general.--Recognizing the mutual benefits that will
accrue to the territories and the United States from the
improvement of highways in the territories, the Secretary may carry
out a program to assist each government of a territory in the
construction and improvement of a system of arterial and collector
highways, and necessary inter-island connectors, that is--
``(A) designated by the Governor or chief executive officer
of each territory; and
``(B) approved by the Secretary.
``(2) Federal share.--The Federal share of Federal financial
assistance provided to territories under this section shall be in
accordance with section 120(h).
``(c) Technical Assistance.--
``(1) In general.--To continue a long-range highway development
program, the Secretary may provide technical assistance to the
governments of the territories to enable the territories to, on a
continuing basis--
``(A) engage in highway planning;
``(B) conduct environmental evaluations;
``(C) administer right-of-way acquisition and relocation
assistance programs; and
``(D) design, construct, operate, and maintain a system of
arterial and collector highways, including necessary inter-
island connectors.
``(2) Form and terms of assistance.--Technical assistance
provided under paragraph (1), and the terms for the sharing of
information among territories receiving the technical assistance,
shall be included in the agreement required by subsection (e).
``(d) Nonapplicability of Certain Provisions.--
``(1) In general.--Except to the extent that provisions of
chapter 1 are determined by the Secretary to be inconsistent with
the needs of the territories and the intent of the program, chapter
1 (other than provisions of chapter 1 relating to the apportionment
and allocation of funds) shall apply to funds authorized to be
appropriated for the program.
``(2) Applicable provisions.--The agreement required by
subsection (e) for each territory shall identify the sections of
chapter 1 that are applicable to that territory and the extent of
the applicability of those sections.
``(e) Agreement.--
``(1) In general.--Except as provided in paragraph (4), none of
the funds made available for the program shall be available for
obligation or expenditure with respect to any territory until the
chief executive officer of the territory enters into an agreement
with the Secretary (not later than 1 year after the date of
enactment of SAFETEA-LU), providing that the government of the
territory shall--
``(A) implement the program in accordance with applicable
provisions of chapter 1 and subsection (d);
``(B) design and construct a system of arterial and
collector highways, including necessary inter-island
connectors, in accordance with standards that are--
``(i) appropriate for each territory; and
``(ii) approved by the Secretary;
``(C) provide for the maintenance of facilities constructed
or operated under this section in a condition to adequately
serve the needs of present and future traffic; and
``(D) implement standards for traffic operations and
uniform traffic control devices that are approved by the
Secretary.
``(2) Technical assistance.--The agreement required by
paragraph (1) shall--
``(A) specify the kind of technical assistance to be
provided under the program;
``(B) include appropriate provisions regarding information
sharing among the territories; and
``(C) delineate the oversight role and responsibilities of
the territories and the Secretary.
``(3) Review and revision of agreement.--The agreement entered
into under paragraph (1) shall be reevaluated and, as necessary,
revised, at least every 2 years.
``(4) Existing agreements.--With respect to an agreement under
the section between the Secretary and the chief executive officer
of a territory that is in effect as of the date of enactment of the
SAFETEA-LU--
``(A) the agreement shall continue in force until replaced
by an agreement entered into in accordance with paragraph (1);
and
``(B) amounts made available for the program under the
existing agreement shall be available for obligation or
expenditure so long as the agreement, or the existing agreement
entered into under paragraph (1), is in effect.
``(f) Permissible Uses of Funds.--
``(1) In general.--Funds made available for the program may be
used only for the following projects and activities carried out in
a territory:
``(A) Eligible surface transportation program projects
described in section 133(b).
``(B) Cost-effective, preventive maintenance consistent
with section 116(d).
``(C) Ferry boats, terminal facilities, and approaches, in
accordance with subsections (b) and (c) of section 129.
``(D) Engineering and economic surveys and investigations
for the planning, and the financing, of future highway
programs.
``(E) Studies of the economy, safety, and convenience of
highway use.
``(F) The regulation and equitable taxation of highway use.
``(G) Such research and development as are necessary in
connection with the planning, design, and maintenance of the
highway system.
``(2) Prohibition on use of funds for routine maintenance.--
None of the funds made available for the program shall be obligated
or expended for routine maintenance.
``(g) Location of Projects.--Territorial highway projects (other
than those described in paragraphs (1), (3), and (4) of section 133(b))
may not be undertaken on roads functionally classified as local.''.
(b) Conforming Amendments.--
(1) Eligible projects.--Section 103(b) of such title is
amended--
(A) in the heading for paragraph (6) by striking
``Eligible'' and inserting ``State eligible'';
(B) in paragraph (6) by striking subparagraph (P); and
(C) by adding at the end the following:
``(7) Territory eligible projects.--Subject to approval by the
Secretary, funds set aside for this program under section 104(b)(1)
for the National Highway System may be obligated for projects
eligible for assistance under the territorial highway program under
section 215.''.
(2) Funding.--Section 104(b)(1)(A) of such title is amended by
striking ``to the Virgin Islands, Guam, American Samoa, and the
Commonwealth of Northern Mariana Islands'' and inserting ``for the
territorial highway program under section 215''.
(3) Clerical amendment.--The analysis for chapter 2 of such
title is amended by striking the item relating to section 215 and
inserting the following:
``215. Territorial highway program.''.
SEC. 1119. FEDERAL LANDS HIGHWAYS.
(a) Federal Share Payable.--
(1) In general.--Section 120(k) of title 23, United States
Code, is amended--
(A) by striking ``Federal-aid highway''; and
(B) by striking ``section 104'' and inserting ``this title
or chapter 53 of title 49''.
(2) Technical references.--Section 120(l) of such title is
amended by striking ``section 104'' and inserting ``this title or
chapter 53 of title 49''.
(b) Payments to Federal Agencies for Federal-Aid Projects.--Section
132 of such title is amended--
(1) by striking the first two sentences and inserting the
following:
``(a) In General.--In a case in which a proposed Federal-aid
project is to be undertaken by a Federal agency in accordance with an
agreement between a State and the Federal agency, the State may--
``(1) direct the Secretary to transfer the funds for the
Federal share of the project directly to the Federal agency; or
``(2) make such deposit with, or payment to, the Federal agency
as is required to meet the obligation of the State under the
agreement for the work undertaken or to be undertaken by the
Federal agency.
``(b) Reimbursement.--On execution with a State of a project
agreement described in subsection (a), the Secretary may reimburse the
State, using any available funds, for the estimated Federal share under
this title of the obligation of the State deposited or paid under
subsection (a)(2).''; and
(2) in the last sentence by striking ``Any sums'' and inserting
the following:
``(c) Recovery and Crediting of Funds.--Any sums''.
(c) Allocations.--Section 202 of such title is amended--
(1) in subsection (a) by striking ``(a) On October 1'' and all
that follows through ``Such allocation'' and inserting the
following:
``(a) Allocation Based on Need.--
``(1) In general.--On October 1 of each fiscal year, the
Secretary shall allocate sums authorized to be appropriated for the
fiscal year for forest development roads and trails according to
the relative needs of the various national forests and grasslands.
``(2) Planning.--The allocation under paragraph (1)'';
(2) in subsection (d)(2)--
(A) by adding at the end the following:
``(E) Transferred funds.--
``(i) In general.--Not later than 30 days after the
date on which funds are made available to the Secretary of
the Interior under this paragraph, the funds shall be
distributed to, and available for immediate use by, the
eligible Indian tribes, in accordance with t |
